E-3 Certain Specialty Occupation Professionals from Australia

What is the E-3 visa?

The E-3 visa is for nationals of Australia coming to the U.S. solely to perform services in a specialty occupation.

What are the requirements for an E-3 visa?

• You must be a national of Australia.
• You must have a legitimate offer of employment in the United States.
• You must possess the necessary academic or other qualifying credentials.
• You must fill a position that qualifies as a specialty occupation. A specialty occupation requires the theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor’s degree.

What strategic considerations should I keep in mind?

• Your initial period of stay is two years, with unlimited two-year extensions generally available. 
• If you change employment, your new employer must file a new Labor Condition Application and a new E-3 visa application. The gap between the jobs must be 10 days or less.
• Your spouse and unmarried children under 21 years are entitled to the same E-3 classification. Your spouse may work, but not your children.

The E-3 visa is granted exclusively to Australian nationals who meet the qualifications of a professional in a specialty occupation making it similar to an H-1B visa. There is a cap of 10,500 visas per fiscal year, separate from the annual quota of H-1B visas. The E-3 visa allows the spouse, who need not be an Australian citizen, to work in the United States.

How long can I stay in the US on this visa?

The visa may be renewed indefinitely in two-year increments but you would need to depart the U.S. at the end of their term.